Search found 21 matches

by schwaz
Tue Feb 10, 2026 1:54 pm
Forum: Canada / United States Tax & Accounting
Topic: 3520 for funds temporarily held by atty for real estate purchase?
Replies: 0
Views: 95

3520 for funds temporarily held by atty for real estate purchase?

Dual citizen here. My wife was advanced funds from her family inheritance which went directly to our Canadian attorney's trust account (no escrow in Canada!) held in her name. The duration the funds were held was approximately 33 days before purchase was completed. Is she now required to file a 3520?
by schwaz
Sun Nov 23, 2025 1:06 pm
Forum: Canada / United States Tax & Accounting
Topic: 8938 FOR GIFTED FUNDS NOT HELD PERSONALLY?
Replies: 2
Views: 1038

Re: 8938 FOR GIFTED FUNDS NOT HELD PERSONALLY?

Someone apparently has trust issues. Families-- what can I say?

The money is held in an unsegregated fund lawyers use for client's real estate purchase/sales. From what I understand, the fact that it's temporary, conditioned upon a signed purchase agreement to release funds means it's not a true ...
by schwaz
Sat Nov 22, 2025 9:21 pm
Forum: Canada / United States Tax & Accounting
Topic: 8938 FOR GIFTED FUNDS NOT HELD PERSONALLY?
Replies: 2
Views: 1038

8938 FOR GIFTED FUNDS NOT HELD PERSONALLY?

My wife is getting an advance on an inheritance for a down payment on a house in Canada. She has dual US/CDN citizenship and files taxes & FBAR's.

Her parents are requiring that the funds go directly into escrow (here it's called "in trust") held by her attorney. Once a purchase offer is completed ...
by schwaz
Tue Oct 07, 2025 8:11 pm
Forum: Canada / United States Tax & Accounting
Topic: Dual US/CDN citizens-- tax on US equties inheritance
Replies: 3
Views: 1488

Re: Dual US/CDN citizens-- tax on US equties inheritance

Understood, thanks Nelsona. We always appreciate your work here!

After doing some research, my understanding regarding inheriting an equities portfolio is they're considered sold at date of death creating a new cost basis and any profit above that upon a sale is taxable.
by schwaz
Mon Oct 06, 2025 4:40 pm
Forum: Canada / United States Tax & Accounting
Topic: Dual US/CDN citizens-- tax on US equties inheritance
Replies: 3
Views: 1488

Dual US/CDN citizens-- tax on US equties inheritance

My wife (resident of Canada) will be receiving a substantial portfolio in stocks and bonds from her US citizen mother. Half are in an IRA, the other half are in a family trust.

Will there be Canadian tax on her inheritance-- i.e., considered a deemed disposition?

If so, would same apply if ...
by schwaz
Sat Jul 26, 2025 2:07 pm
Forum: Canada / United States Tax & Accounting
Topic: Double taxed on cap gains?
Replies: 4
Views: 4970

Re: Double taxed on cap gains?

Thx Nelsona, very much appreciate your work here.
by schwaz
Sat Jul 26, 2025 2:06 pm
Forum: Canada / United States Tax & Accounting
Topic: Double taxed on cap gains?
Replies: 4
Views: 4970

Re: Double taxed on cap gains?

Thx Nelsona, very much appreciate your work here.
by schwaz
Fri Jul 25, 2025 11:23 pm
Forum: Canada / United States Tax & Accounting
Topic: Double taxed on cap gains?
Replies: 4
Views: 4970

Double taxed on cap gains?

Dual citizen, resident Canada. Looking ahead, if I had a one-million dollar cap gain (long term) in Canada and pay roughly 27% tax here, would there be any tax owed in the U.S.?
by schwaz
Sat Apr 12, 2025 6:45 pm
Forum: Canada / United States Tax & Accounting
Topic: TFSA - Foreign Trust Requiring 3520 / 3520-A?
Replies: 10
Views: 15089

Re: TFSA - Foreign Trust Requiring 3520 / 3520-A?

Have you seen any cross-border sites that argue against TFSA being a trust? Among other points:

"While a traditional trust involves a trustee who holds legal title to assets and manages them on behalf of beneficiaries, the financial institution administering a TFSA does not "hold title" to the ...
by schwaz
Wed Dec 11, 2024 11:04 pm
Forum: Canada / United States Tax & Accounting
Topic: Cap gains double taxed?
Replies: 2
Views: 2506

Re: Cap gains double taxed?

Understood. Was hoping for a "yes" or a "no" answer but this'll do!
by schwaz
Tue Dec 10, 2024 6:34 pm
Forum: Canada / United States Tax & Accounting
Topic: Cap gains double taxed?
Replies: 2
Views: 2506

Cap gains double taxed?

I'm a dual US/CDN expat wondering if I cash out an investment and pay cap gains tax on a 300k usd windfall (not real estate) in Canada, would there be any tax owing in the US b/c as a married person I'm above the FEIE?
by schwaz
Sat Mar 05, 2022 1:21 pm
Forum: Canada / United States Tax & Accounting
Topic: US Citizen/CDN resident collecting social security while working
Replies: 6
Views: 4665

Re: US Citizen/CDN resident collecting social security while working

This is very helpful. Much appreciated, Nelsona! Thanks for your service to this board.
by schwaz
Sat Mar 05, 2022 3:46 am
Forum: Canada / United States Tax & Accounting
Topic: US Citizen/CDN resident collecting social security while working
Replies: 6
Views: 4665

Re: US Citizen/CDN resident collecting social security while working

Thanks. I was told by a woman who works at a SS office in Bellingham, WA., that the rule applied even after reaching full retirement age. I figured she knew what she was talking about b/c it's so close to the Canadian border. Wow, someone needs to better train their workers...

1823.3Are benefits ...
by schwaz
Tue Mar 01, 2022 9:47 pm
Forum: Canada / United States Tax & Accounting
Topic: US Citizen/CDN resident collecting social security while working
Replies: 6
Views: 4665

US Citizen/CDN resident collecting social security while working

Having a hard time getting a straight answer on this question: if I'm over 65, start collecting SS while residing in Canada and want to work-- I was told there's a rule that applies to expats that if they work over 45 hours <even after hitting full retirement age> there's a penalty similar to WEP ...
by schwaz
Wed Sep 08, 2021 5:36 pm
Forum: Canada / United States Tax & Accounting
Topic: Spousal reporting FBAR
Replies: 6
Views: 7338

Re: Spousal reporting FBAR

Ok, thx for your input!